Administrative Rule Review Report  #AR11-071

Legislative Service Office

28-Dec-11

AGENCY: Department of Workforce Services

DATE SUBMITTED: 12/19/2011

SUBJECT: Chapter 4, Certification of Resident Contractors & Enforcement of Preference; Chapter 11, Repealed Certification of Resident Contractors

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 16-6-120(a).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.

SUMMARY OF RULES:  The Department of Workforce Services is charged with certifying contractors as Wyoming resident contractors for purposes of obtaining a 5% bid preference on public works contracts (W.S. 16-6-101 through 107).  These amendments to existing rules:

· Substitute Department of Workforce Services for Department of Employment, pursuant to a 2011 merger of those departments;

· Increase reporting and documentation requirements regarding resident contractors' required use of Wyoming subcontractors, materials and labor;

· Implement statutory amendments enacted by 2011 Wyoming Laws, Chap. 82, which:

o Amended the definition of "Resident" as applied to corporations;

o Mandated a department investigation of residency status upon initial application or receipt of a complaint;

o Placed the burden of proof regarding the status of residency on the person whose residency is in question;

o Provided for a civil penalty of $750 against a person who intentionally falsifies residency information, and a one-year bar on public contracting upon a second violation.

o Increased the criminal fine to $750 for failing to hire Wyoming laborers on public projects.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda Cook

Staff Attorney

GWL/cj